Looking for a Construction Accident Attorney?
Do you need a construction attorney?
What are the essential elements you should know!
In this article, I will break down Construction Accident Attorney so you know all there is to know about it!
Keep reading as we have gathered exactly the information that you need!
Let’s see what construction site accident attorneys do and why it matters!
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Table of Contents
Construction Accident Attorney Overview
A construction accident attorney is a legal professional academically trained in the field of law and practicing law in the area of construction accident law, personal injury, workers’ compensation and related fields of law.
For an attorney to be a “construction accident” attorney, he or she should have direct experience in dealing with, handling, and representing clients in matters related to construction site injuries or accidents.
For example, when a construction worker is injured on the job due to the negligence of his or her employer to provide for a safe work environment, an attorney dealing with such types of construction accidents is the most appropriate legal professional to hire when seeking compensation.
Construction site accident law firms and attorneys have one primary objective when taking on a case for an injured person: seek financial compensation for damages.
On the flip side, lawyers in construction accidents can also represent the “at-fault” parties or defendants that do not consider having committed any wrong to be held liable toward the victim.
In essence, if you or a loved one have been injured in a construction site or in a way related to a construction project, you should consider speaking to construction accidents attorneys to better understand your legal rights, recourses, and possible remedies.
Why Hire Construction Injury Attorneys
There are many reasons why it may be worth speaking to construction injury attorneys following a construction accident as they have the legal knowledge and expertise to provide you advice on your rights and recourses.
There are many complex laws at the federal and state level that may apply to a construction accident and it may get confusing and even daunting for a person without a legal background to tackle them.
A construction accident law firm or attorney specifically deals with construction accidents, construction injuries, and other types of workplace injury laws and statutes.
The fact is that you do not have any obligation to hire an attorney or mandate a lawyer to represent you for a construction accident claim or lawsuit.
However, if you have been injured on a construction site, you may minimally want to consult with a construction site accident attorney to get a high-level understanding of whether or not you have a valid case, your legal options, and what to do to further strengthen your case.
In summary, a construction site accident lawyer can provide you with the following key services:
- Investigate the facts of your case
- Review and study medical reports
- Review and study police reports
- Identify the applicable laws and source of your claims
- Gather evidence to support your claim
- Speak to healthcare professionals, insurance companies, and experts
- Speak to witnesses and gather further facts
- Collect video recordings, sound recordings, or other types of evidence
- Prepare, draft, and file a lawsuit or claim with an insurance company
- Negotiate a fair settlement for you
- Take the case to trial and present your case in the best possible light
In the end, you’ll need to decide whether or not it’s worth it for you to hire an attorney.
If you feel comfortable in handling your claim, dealing with many parties, reading and understanding construction and personal injury laws, and drafting legal documents, then you may not need an attorney.
Otherwise, most people will want to either get a consultation or be formally represented by a construction injury attorney.
Types of Construction Accident Claims
What are the different types of claims that construction accident law firms can file?
Although every state will have different laws and so different types of claims may be filed, let’s generally look at the different claims an injured person on a construction site may file.
An injured party may file the following construction accident claims or lawsuits:
- Personal injury lawsuit
- Product liability lawsuit
- Workers’ compensation claim
- Wrongful death claim
A personal injury lawsuit is a type of lawsuit filed by a person who has suffered injuries due to the negligence of another party (for example, the employer’s negligence or a third party).
A product liability lawsuit is a type of lawsuit that is filed against the manufacturer, wholesaler, retailer, or distributor of a defective product that caused injury on the construction site.
For example, a construction worker uses a drill that was defective and causes severe bodily injuries.
Workers’ compensation is a type of claim filed by an injured employee to obtain compensation by the workers’ compensation insurance (without having to file a lawsuit against the employer).
The advantage of filing a workers’ compensation claim is that the employee will generally only have to prove that the injury took place while on the job without having to prove anything else.
Finally, if in the event the construction site accident results in the death of a victim, the deceased’s family can either continue on the ongoing lawsuit or file a wrongful death claim against the at-fault parties.
Common Causes of Construction Accidents
There’s a lot of activity on a construction site where many people are moving about, many tools and pieces of equipment are being used, and large vehicles and machines are operated by construction workers.
Needless to say that a construction site is a dangerous place to be.
Unfortunately, there are many accidents that take place specifically on construction sites.
According to the US Occupational Safety and Health Administration, in 2015, three of the top ten most safety violations took place on a construction site.
An accident on a site can occur for many reasons, such as:
- Due to a defective equipment
- Due to lack of safety precautions
- Improper maintenance of equipment and construction machines
- Lack of safety policies
- Lack of construction worker training
- Negligence of a party
- Negligent storage of equipment or tools
- Failure to notify workers of potential safety hazards
- Overworked employees
- Work in harsh and inclement weather
- Careless or reckless operation of heavy equipment
Here are some of the different types of accidents that are commonly reported on a construction site:
- Crane accidents
- Hoist accidents
- Harness accidents
- Collapsed structures
- Compressed gases
- Chemical spills
- Exposure to toxic substances
- Slip and fall
- Falling objects
- Falling from elevations
- Defective equipment
- Scaffolding accidents
- Electrical accidents
- Welding accidents
- Cell tower accidents
- Falling debris
- Crushing accidents
- Unsafe weather conditions
Common Construction Accident Injuries
It’s inevitable that many accidents occur on construction sites.
Luckily, some can walk away unharmed or with minor injuries.
However, others may suffer debilitating injuries or even fatal injuries.
Construction workers and individuals on construction sites must remain vigilant at all times to ensure they are safe and alert to any potential dangers.
Here is a list of common injuries in a construction accident:
- Spinal cord injuries
- Broken bones
- Traumatic brain injury
- Loss of eye
- Loss of hearing
- Loss of fingers
- Loss of limbs
- Crushing injuries
- Disc injuries
- Damage to the nerve
There are many more types of injuries that may be suffered but these are some the more referring ones.
What To Do After An Accident On Construction Site
Nobody wants to get into an accident on a construction site or related to a construction project.
However, if it happens, being prepared and knowing what to do will ensure that you put all the chances on your side to maximize the recovery of your damages.
Here are the steps you need to take immediately after a Dallas truck accident:
- Make sure that everyone is ok
- Get medical help for yourself and anyone injured
- Make sure you get full medical treatment if you are injured
- File a police report
- Report the accident and injury to your employer if you are a worker
- Write down detailed notes about how the accident happened
- Get the contact information of the others involved in the accident
- Identify witnesses on the scene and get their information
- Take a lot of pictures of the scene of the accident
- See if there were videos or security cameras recording the event
After you’ve been medically treated and had time to gather all your documents and evidence relating to the construction accident, you will then want to consult with an experienced construction accident attorney.
By consulting the best construction accident attorney, you will be able to:
- Understand who is liable for the construction accident
- Assess how much damages you may be entitled to
- Understand the legal procedures that you need to take
Construction Site Accident Liability
There are a number of people that may potentially be held liable for a construction site accident.
In many cases, construction workers can file a claim under the workers’ compensation insurance thereby receiving compensation for their injury.
When that happens, the employer is given immunity from a lawsuit and so the injured employee cannot obtain a workers’ compensation benefit and file a lawsuit against the employer for the same thing.
However, if the injury was intentional or egregious, the injured party may file a lawsuit against the employer as the law does not generally bar a direct lawsuit on such grounds against employers.
In certain cases, third parties may be held liable for the accident and legally required to compensate the injured, namely:
- Construction site owners
- General contractors
- Architects and engineers
If someone was injured due to the construction site owner’s negligence or failure of some kind, the owner can be held legally liable to compensate for the injuries.
Similarly, general contractors, subcontractors, and prime contractors can all be held accountable for their actions or the conduct of their employees to the extent they violated safety standards, were negligent, or introduced safety hazards on a construction site.
Architects and engineers can also be held accountable to the extent their work and plan resulted in injuries or death (particularly due to collapsing structures or failure in adequately observing the progress of the construction project).
Your construction site injury lawyer may also find a way to hold the manufacturer of a defective project, its distributor, retailer, wholesaler, or company involved in the sale and distribution of a defective project liable for the injury caused by the product.
Your lawyer can also help you file an OSHA complaint if anyone on the construction site has violated the safety standards required by law.
Recoverable Damages By A Construction Accident Injury Attorney
What damages can a construction site accident law firm or lawyer recover for you?
Some can walk away from a construction accident with minor scratches and bruises.
However, others can get seriously injured resulting in serious physical injuries, financial losses, and psychological suffering (for the victim and the victim’s family).
Although you must contact an experienced attorney in your jurisdiction to know the actual damages that you can claim, generally speaking, a person injured further to a construction accident can recover economic damages along with general damages.
Economic damages can include:
- Lost wages
- Medical expenses
- Physical therapy
- Property damage
- Caregiver expenses
- Mortgage expenses
- Rent expenses
- Medical device expenses
- Transportation costs
Essentially, economic damages are damages that you can directly prove by submitting an invoice, account statement, or receipt.
An injured party can also claim general damages (or non-economic damages) that can include:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Psychological harm
- Mental anguish
- Stress and anxiety
These are damages that are not quantifiable on paper but are real and concrete damages that may be suffered by the victim.
If you have been injured in a construction accident, your best bet is to speak to a construction accident injury lawyer to get an accurate perspective of the damages that you may be able to claim for your injuries.
Construction Accident Lawyer Takeaways
So there you have it folks!
What does a construction accident attorney do?
Why should you hire a construction injury lawyer?
In a nutshell, a construction accident lawyer is a legal professional specialized in handling injury cases relating to accidents taking place on construction sites or in their proximity.
Construction sites are very dangerous places where there are many people working, many heaving machines being operated, people working on elevations and scaffoldings, and temporary structures erected for various reasons.
Although nobody is obligated to work with construction site accident lawyers, you may find important benefits in hiring one as they can:
- Investigate your accident
- Identify the at-fault party or parties liable to compensate you
- Identify the applicable laws related to the accident
- Gather the evidence you need for a strong case
- Handle your claim (or lawsuit)
- Increase your chances of getting proper compensation, settlement, or verdict
No matter how a person was injured on or near a construction site, a construction accident injury lawyer will be able to determine fault, identify the right legal process and procedure to follow, and help build you a solid case.
Dealing with an injury on the job or construction site is not what many hope for but when it happens, it’s best to act diligently and in such a way as to protect all your legal rights.
I hope this article helped you better understand what construction site attorneys do, why they may be the right legal professionals to contact, and how they can help you.
Let’s look at a summary of our findings.
Construction Accident Attorneys Overview
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